Chandan Sahani @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29410 of 2020 Arising Out of PS. Case No.-43 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== 1.

Chandan Sahani @ Chandan Kumar Son of Rajaram Sahani Resident of Village- Maheya malpur, P.S.- Patepur, District- Vaishali at Hajipur. 2.

Sunita Devi Wife of Rajaram Sahani Resident of Village- Maheya malpur, P.S.- Patepur, District- Vaishali at Hajipur. 3.

Chotelal Sahani Son of Sundar Sahani Resident of Village- Maheya Maipur, P.S.- Patepur, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-12-2020 At the outset, it was informed by the counsel for the petitioners that during the pendency of this bail application, petitioner no. 1 and 3 namely Chandan Sahani @ Chandan Kumar and Chotelal Sahani have been arrested and as such, he seeks permission to withdraw this bail application so far as petitioner no. 1 and 3 are concerned.

Accordingly, the bail application stands dismissed as withdrawn so far as petitioner no. 1 and 3 are concerned. Heard.

The petitioner no.2 Sunita Devi apprehends her arrest

Patna High Court CR. MISC. No.29410 of 2020(2) dt.11-12-2020 2/3 in Patepur P.S. Case No. 43 of 2020 registered for the offence under Section 307 & other allied sections of the Indian Penal Code.

As per the prosecution case, all the accused persons, as named in the FIR including the petitioner and 30 other unknown persons, attacked on the police force and also got released the co-accused from the custody of police, who indulged in illegal sale of wine including co-accused Chandan Sahani.

It is submitted on behalf of petitioner that there is general and omnibus allegation and no specific allegation has been attributed against this petitioner. Petitioner is lady, having no criminal antecedent, as stated in paragraph -3 of the petition. Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. In the event of her arrest or surrender within a period of eight weeks from the date of receipt/production of copy of this order, let the petitioner no. 2 namely Sunita Devi be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate - XIV, Vaishali at Hajipur, in connection with Patepur P.S. Case No. 43 of 2020, subject to condition as

Patna High Court CR. MISC. No.29410 of 2020(2) dt.11-12-2020 3/3 laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.) anay/- U T